Cortez v. Martinez’s Empirical Analysis

Citation profile

26 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Though it has been said that summary judgment should not be granted if there is the ‘slightest doubt’ as to the facts, such statements are •a rather misleading .-gloss oh a rule which speaks in terms -of ‘genuine, issue as to any material fact,’ and would, i-f — taken literally, mean that there could -hardly ever be a summary judgment, for at least a slight doubt can be developed as, to practically all things human. A better- formulation would be that the party opposing the motion is to be given the benefit of all reasonable doubts in determining whether a genuine issue exists. If there are such reasonable doubts, summary judgment should be denied. A substantial dispute as to a material fact forecloses summary judgment.””

   1 later decision quote this exact passage
   e.g. Goodman v. Brock Ex Rel. Estate of Brock

2. ““It follows that the cause should be reversed and remanded to the trial court with instructions that it be reinstated on the docket and plaintiff granted a trial as against Francis Martinez. There being no claim of gross negligence or wilful misconduct as to Luis Martinez, and his liability being predicated solely on the family purpose doctrine, no recovery from him because of ordinary negligence is permissible. Lopez v. Barreras, * * * [ 77 N.M. 52 , 419 P.2d 251 (1966)]. The judgment of dismissal of Luis Martinez was correct and is affirmed. Costs on appeal are to be borne equally by plaintiff and defendant Francis Martinez.””

   1 later decision quote this exact passage
   e.g. Hately ex rel. Hately v. Hamilton